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HomeMy WebLinkAboutAPRIL 19,1983_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25:0705 I INVOCATION: PLEDGE OF ALLEGIANCE ROLL CALL READING OF TEXTS OF ORDINANCES & RESOLU- TIONS WAIVED N~r OATHS ADMiNISTERED ~ PLANNING COMMISSION (Well s) ~i PERSONNEL BOARD (Clarke) I i i M I N U TE S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING APRIL 19, 19B3 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session Tuesday, April 19, 19B3 at 7:30 p.m. in the City Hall Council Chambers. Dr. Frank Finkbiner, Church of The Good Shepherd Gino Bruno, Attorney at Law PRESENT: Councilmen/Members Dring, Haltom, Hannah, Lojeski, Pellegrino ABSENT: None It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the reading of the full text of ordinances and resolutions be WAIVED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None The City Clerk administered the Oath of Office to Jack Wells, recent appointee to the Planning Commission to fill out the unexpired term of William Kuyper and for a fU,ll four-year term beginning July 1, 19B3. Councilman Lojeski presented credentials to Mr. Wells and welcomed him to the official City family. The City Clerk administered the Oath of Office to James Clarke, recent appointee to the Personnel Board for the unexpired term of Joe E. Earll, Jr. to June 30, 1986. Councilman Hannah presented credentials to Mr. Clarke and welcomed him to the official City family. REORGANIZATION OF THE CITY COUNCIL FOR 1983- 19B4 Pursuant to the provisions of Article IV, Section 404, Subsection (b) of the Arcadia City Charter, in off-numbered Years during the month of April, the Council should choose one of its members as Mayor and one of its members as Mayor Pro Tempore. The City Clerk declared the office of Mayor vacant and asked for nominations. Councilman Hannah placed in nomination the name of Councilman Dennis A. Lojeski for the office of Mayor for the ensuing year. No other nominations were made and a unanimous vote was cast. Mayor Lojeski assumed his place as Mayor, and placed in nomination the name of Councilman Hannah as Mayor Pro Tempore for the ensuing year. No other nominations were made and a unanimous vote was cast. -1- 4-19-83 " ~:."";;~ :,;>:...:. " ','"{. ".. .-; -.-ll.'-' .'ttf ~'~:' .' ..... ~ ';i, ROLL CALL 1. HEARING APPEAL 1002 S. Baldwin APPROVED (RESOLUTION MIi r3) ,li P'! ,,' V "j./ 25:0706 On behalf of the City Council, Mayor Lojeski presented to former Mayor Pellegrino a plaque in appreciation for his many efforts and accomplish- ments during his tenure as Mayor. Commendations and congratulations were then presented to Councilman Pellegrino from the following: Assemblyman Richard Mountjoy Italian Catholic Federation Arcadia Chamber of Commerce Santa Anita Little League U.S. Senator Pete Wilson U.S. Congressman John Rousselot U.S. Congressman Carlo~ Moorhead San Gabriel Valley Council of the Boy Scouts of America Councilman Pellegrino expressed his sincere appreciaton to his col- leagues for the opportunity of serving as Mayor, stating in part that it has been a most rewarding year and will long be remembered. He then introduced members of his immediate family and friends and thanked them for the strong support and understanding they had given during his year as Mayor. Mayor Pro Tempore Hannah expressed appreciation to the members of the Council for extending him the opportunity of serving in this capacity and said in part that he looked forward to the ensuing year. He then introduced his immediate family and friends. I Mayor Lojeski then expressed his deep appreciation to his colleagues for electing him to preside as t~yor during 1983-84 ... that he realized the responsibility and time involved and he will do his utmost to accomp- lish what is best for the community and its citizens. He then introduced his immediate family and friends who were present to wish him well. Mayor Lojeski introduced former Mayors Gilb and Saelid, including former Mayor Pellegrino. RECESS Roll call of the reorganized City Council. PRESENT: ABSENT : Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None Appeal from the decision of Planning Commission Resolution No. 1228 relating to a request to change the use of an existing take-out food establishment to an eating establishment with 5 tables and 20 chairs at 1002 South Baldwin Avenue. The Commission had recommended denial of this request. Mayor Lojeski declared the hearing open. Mrs. Susan Poulsen, on behalf of the applicant, filed this appeal and stated in part that it is the intention of-the applicant to place a few tables and chairs in the donut shop as a convenience for the customers who do not spend much time in the shop; that many potential customers leave when they discover there are no seating facilities, and I income is lost due to this. As co-owner and manager fO,r the entire commercial complex at and adjacent to said location, Mrs. Poulsen continued in part that the parking is more than adequate as she cannot recall when the parking lot in the rear has been full... there are 33 on-site parking spaces which are more than sufficient. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Pellegrino, seconded by Councilman Dring and carried. Discussion ensued on the parking, which it was agreed, seemed more than adequate - with Councilman Haltom explaining in detail his experience at the donut shop .., he stops rather frequently there and he has never observed any parking difficulty. The number of tables and chairs was considered and it was the consensus ,that 5 tables and 20 chairs be per- mitted. Whereupon it was MOVED by Councilman Hannah, seconded by Councilman Haltom and carried on roll call vote as follows that the -2- 4-19-83 , .. ,- , ;. r',' ~t I 2. HEARING APPEAL (C. U.P.) 11 E. J Foothill APPROVED ), tJff I . 3. HEARING 333-421 E. Hun t i ngton Remova 1 of "H" Zone APPROVED I <11- ,/ 11~ V" 1, l' '1/ . '':> 25:0707 decision of the Planning Commission in its Resolution No. 1228 be reversed and that the appeal be granted and that 5 tables and 20 chairs be permitted. The City Attorney is to prepare the appropriate resolu- tion for Council consideration at the next regular meeting (May 3). AYES NOES ABSENT: Counc;,.men Dring, Haltom, Hannah, Pellegrino, Lojeski None None Appeal from Planning Commission Resolution No. 1225 granting a Conditional Use Permit to allow an eating establishment at 11 East Foothill Boulevard. This is for a bakery with tables. Concern was expressed by the City Council regarding the limitation on the number of tables and chairs recommended by the Commission (12 tables and 12 chairs), and Council subsequently appealed this decision. Mayor Lojeski declared the hearing open and the applicant, Simon Zervos, explained his reasons for initially requesting 12 tables with a maximum seating for 24 persons for his proposed bakery at 11 East Foothill Boulevard. The tables would be the small type used in ice cream par- lors - about 18" in diameter. He would use 2 chairs for each table. He felt this would create the desired atmosphere for his bakery. He would serve hot bakery specialties and a customer who wished, could eat a pastry on the premises. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Pellegrino and carried. Following considerations it was MOVED by Councilman Hannah, seconded by , Councilman Pellegrino and carried on roll call vote as follows that Council find the proposed project will not have a significant effect on the environment and that the Commission's Resolution No. 1225 be approved with Section 3 amended to indicate a maximum of 12 eighteen inch tables with 24 chairs, ana all other conditions therein to be tom- plied with. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None Staff noted that in November of 1981 Robert J. Low filed a Zone Change Application to add an "H" (high rise) overlay to his property at 333- 421 East Huntington Drive. The Planning Co1i1mission held a publ ic hear- J ing on this requested zone change, finding that the "H" overlay would be appropriate if conditioned on the Low's proposed project being constructed substantially as presented at that time. Resolution 1184 was subsequently adopted recommending approval of ,the zone change. On January 5, 1983 Council held a public hearing and approved the zone change by Ordinance No. 1742 with the "H" overlay. At its February 1, 1983 regular meeting, Council directed staff to initiate a zone change for the consideration of removing the existing "H" overlay zone, as the Planning Commission did not bel ieve the development of ,the subject area had progressed in an expeditious manner and to retain the "H" overlay on this property without such development would inhibit potential development of other properties in the area. The Planning Commission at its March 22, 1983 meeting adopted Reso- lution No. 1229 recommending approval of a zone change from CPD-l & H (high rise) to CPD-l for the subject site. The Planning Commission advised Countil this date that its initial study of the proposed project disclosed no substantial or potentially substantial adverse change in any physical conditions within the area and a Negative Declaration has been prepared; however, in the exercise of i"ts'Tegis- lative discretion, Council may consider the public welfare in addition to the, Planning Commission's findings as the basis of recommending rezoning CPD-l & H to CPD-l. ' -3- 4-19-83 " . ~'", ',. , .....;',., ;:' I ~ 'IS,,' ", - .,~" . l' ')/0 OLYMPIC !'" COMMISSION BY-LAWS APPROVED 25 :07C8 Mayor Lojeski declared the hearing open and Bruce Low, 1120 San Carlos, was advised on the correct resolution number relating to the subject hearing. The correct number is 1229. Mr. Low asked Council to continue the public hearing until such time as the City Council, the owners of the subject property, and representatives from the Arcadia Datsun, have an opportunity to discuss this matter. He said that this request is based partically on the newness of the City Attorney; that perhaps he has not been brought up to date. The City Attorney said in part he has reviewed the situation and has been fully briefed by staff ... he has reviewed a multitude of files and did not have any need for a continuance. Bill Connolly, 815 East Camino Real, stated in part that it would be wrong to repeal the "H" zone at this time. He summarized events of the I last four years, including various developers who were interested in the area, most of whom wanted the "H" zoning which was not in existence at that particular time. Eventually the area was rezoned for high rise. In his summary he noted a brochure advertising the southwest corner of Fifth Avenue and Huntington Drive stating, "maximum of eight.stories" ... that Council should think in terms of future de,,ielopments in the area and the "H" zone may be removed at any time Council shoul d so desire, based on the needs of a developer. No-one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Hannah and carried. It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that Council approve and file the Negative Declaration and find that the project will not have a signifi- cant effect on the environment and that the City Attorney prepare the appropriate ordinance for introduction. During the ensuing discussion Councilman Hannah stated for the record, "I am completely in sympathy with Mr. Low and I think some of the circumstances are not of his doing. I feel the City has handled the matter properly as far as proper notices and legal situations. I think having the automobile agency here is a viable asset to the City. I think Mr. Low is making every effort to convey to us his thoughts in this matter, but I think we need more one-on-one discussion in a public session. I am sympathetic with his position. Even if we exercise the appeal tonight, I would like to suggest that we immediately sit down __ with Mr. Low in a public meeting and discuss this matter and see how we can help him. Obviously he is helping the City with the tax base. Pos- sibly there have been some misunderstandings in the past. I'm new on the City Counc i 1 and Mr. Lojes ki is new on the Counc il since th i s addi-_ tional H-overlay was granted. I think it might be advantageous to Mr. Low and to the City to sit down on a one-on-one basis and talk with the Council. I don't think it's necessary to amend the MOTION, but I certainly would suggest that we immediately commence discussion with him. Mr. Low made a statement earlier there were facts that we were not aware of and I would like to be made aware of those facts." CounGilman Pellegrino concurred and said in part that the City should help retain the tax increment in the City. I Roll call vote was then taken on the MOTION to remove the "H" zoning. AYES NOES : ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None Per Council's direction the City Attorney redrafted the Arcadia Olympic Commission's By-Laws (Rules) setting forth the meeting dates, powers and duties and a limitation clause providing that the Commission is primarily an advisory body and that, no expenditures other than those -4- 4-19-83 ','< , , , " ROLL CALL PRESENT: 61 "'2 'Z-;1/ ABS ENT : ( ()..1 I "- O.P.A. REVIEW MAY 3 t ADJOURNED 6. I'V 1\ I ,. HEARINGS SCHEDULED MAY 3 7b. / 7c. May 1 / 25:0709 for which, $200 has been allocated shall be made without approval of the Council... neither the Commission or any of ,its members shall repre- sent or otherwise hold itself out to be an agent or instrumentality of the City with re9ard to any financial commitments of the Commission. These rules had been reviewed by the Commission. It was MOVED ,by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the By-Laws be APPROVED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None Council adjourned in order to act as the ARCADIA REDEVELOPMENT AGENCY Members Dring, Haltom, Hannah, Pellegrino, Lojeski None Member Dring requested staff to place consideration the Owner Participation Robert J. Low. on the May 3 agenda for Agency Agreement between the Agency and I'lt The Agency then adjourned to 7 p.m. May 3, 1983 in the Conference Room. AUDIENCE PARTICIPATION Bill Connolly, 815 East Camino Real, Arcadia, reiterated some of the remarks he made earlier in this meeting concerning "H" (high rise) zoning. Dr. Russell Maatz, Emergency Room Physician at the'Methodist Hospital, explained at length the new trauma center in the emergency facility at the hospital. All City officials were invited to inspect the center and told of the need for total commitment of the community and to acquaint the citizenry with the care provided. They are endeavoring to receive designation from the County. The center will be dedicated in late May of this year. Richard Marvin, 38 North Third Avenue, read a communication in full directed to the City Council concerning a detailed Relocation Plan in connection with the Central Redevelopment Area. He urged Council to make a commitment to build replacement housing for all low and moderate income persons who will be displaced by redevelopment. (Letter on file in the Office of the City Clerk.) CONSENT ITEMS {Planning Commission Resolution No. 1232, recommending a text amendment (to amend Section 9276.2.1 of the Arcadia Municipal Code relating to {building height in the "H" (high rise) overlay zone. { {Planning Commission Resolution No. 1233 recommending a text amendment {to amend Section 9276.2.11 of the Arcadia Municipal Code to increase {the number of off-,street parking spaces for certain uses in the "H" ({high rise) overlay zone. Petition for street light installation on LeRoy Avenue between Holly and Lovell. The petition represents 24 of the 37 properties, or 65% positive response for the area to be benefitted. ' ..'.. -5- 4-19-83 , ",. ,,',,' . '. -;;. ~ ,,~: - <" , .' ~'. '! ~"",. ,. '" A . _;; '. ~... p: 7d. C.U.P. 106 E. Foothill p,~ 7e. C.U.P. ,; 251 N. Santa Anita Hour,s , Extended 7f. WATERLINE & FIRE HYDRANTS CONTRAS~ , , ~ F: /..,.... 79/ AGENDA ITEM MAY 3 25:071 0 j APPROVED Planning Commission Resolution No. 1231 granting a Conditional Use permit to allow a change in use from a takeout food establishment to an eating establishment at 106 East Foothill Boulevard pursuant to the conditions set forth in said resolution. APPROVED Planning Commission Resolution No. 1234 amending one of the conditions of the Conditional Use Permit relating to the hours of operation of the Cask N Cleaver Restaurant at 251 North Santa Anita Avenue to 11 :30 a.m. to 2 a.m. AWARDED contract to the low bidder, Robert Milich Construction Company, in the amount of $48,413 for the installation of 12" waterline and fire hydrants in Cornell Drive, Windsor Road and Newman Avenue. All other I bids were rejected and any irregularities or informalities in the bids . or bidding process were waived and the Mayor and City Clerk were . AUTHORIZED to execute the contract in form approved by the City Attorne : Funds in Federal Revenue Sharing. An agenda item (7g.) relating to Group W Cable System will be placed on the agenda for May 3, 1983 regular meeting. 7h. JOB TRAINING APPROVED the adoption of a resolution (No. 5091) supporting the estab- PROGRAM ~t~lishment of a ,service delivery area pursuant to the Job Training , ll)/lIN! . Partnership Act. This indicates that the City will join South Pasadena, )< I., Monrovia, Sierra Madre, Duarte and Pasadena with Pasadena to serve as the administrator of the program. (RESOLUTION ADOPTED LATER IN THIS MEETING. ) ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as fo 11 ows: 8a. ORDINANCE NO. 1769 ADOPTED ./ 8b. RESOLUTION NO. 5090 ADOPTED I 8e. RESOLUTION NO. 5091 ADOPTED / AYES NOES : ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None The City ,Attorney presented for the second time, explained the content and read the title of Ordinance No. 1769, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 7531.1 TO AUTHORIZE THE SETTING AND AMENDMENT OF WATER RATES BY RESOLUTION." It was MOVED by Councilman Dring, seconded by Councilman Pellegrino and carried on roll call vote as follows that Ordinance No. 1769 be ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None The City Attorney presented, explained the content and read the title of Resolution No. 5090, entitled: "A RESOLUTION OF THE CITY COUNCIL I OF THE CITY OF ARCADIA'SETTING CITY OF ARCADIA WATER RATES AND FINDING THE RATES WILL NOT EXCEED THE ESTIMATED AMOUNT NECESSARY TO FUND OPERATION OF THE CITY WATER SYSTEM." It was MOVED by Councilman Pellegrino, seconded by Councilman Haltom and carried on roll call vote as follows that Resolution No. 5090 be ADOPTED. AYES NOES ABSENT: Councilmen Haltom, Hannah, Pellegrino, Lojeski Councilman Dring (felt the rates too hfgh) None The City Attorney presented, explained the content and read the title' of Resolution No. 5091, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA SUPPORTING THE ESTABLISHMENT OF A SERVICE DELIVERY AREA PURSUANT TO THE JOB TRAINING PARTNERSHIP ACT." -6- 4-19-83 ~ i ,: :, .~~ "../~' ~ . : 25:0711 It was MOVED by Councilman Dring, seconded by Councilman Haltom, and carried on roll call vote as follows that Resolution No. 5091 be ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None 8d. RESOLUTION NO. 5092 ADOPTED .j The City Attorney presented, explained the content and read the title of Resolution No. 5092, entitled:' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING THE CITY MANAGER TO FILE AN APPLI- CATION WITH THE DEPARTMENT OF TRANSPORTATION, URBAN MASS TRANSIT ADMINISTRATION, GRANT APPLICATIONS FOR CAPITAL ASSISTANCE FUNDS UNDER THE URBAN MASS TRANSIT ACT OF 1964 AS AMENDED. II I It was MOVED by Councilman Dring, seconded by Councilman Pellegrino and carried on roll call vote as follows that Resolution No. 5092 be ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None Be. CLAIM DENIED / On recommendation of the City Attorney the claim of the Santa Anita Realty Enterprises and the Los Angeles Turf Club was DENIED on MOTION by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None The meeting ADJOURNED at 10 p.m. to 7 p.m. May 3, 1983 in the Conference Room to conduct the business of the Council and Agency and any Closed Session, if any, necessary to discuss personnel, litigation matters, and evaluation of properties. I ATTEST: ~ -7- 4 -19-83